In re Flygare
UNPUBLISHED
Chapter 13 trustee objected to debtors' third proposed plan on the ground it had not been proposed in good faith, as required by 11 U.S.C. § 1325(a)(3). The court considered the eleven good faith factors identified by the Tenth Circuit in debtors' previous appeal, Flygare v. Boulden (In re Flygare), 709 F.2d 1344 (10th Cir. 1983), concluding that only 2 of those factors were relevant. The court found that the percentage of debtors' payments to their total monthly surplus was 91%, which weighed in favor of confirmation. The court then found that the 47-month term of debtors' plan, which resulted in a 2% payback to unsecured creditors was, under all of the facts of the case, sufficient to satisfy the § 1325(a)(3) good faith standard. The proposed plan was confirmed.